Unit 4 - OLA 1957 Revision Notes

An occupier of premises may be liable for harm caused to someone on his premises. The law distinguished between lawful visitors and those who are trespassing.

DISTINGUISHING BETWEEN TRESPASSER OR LAWFUL VISITOR

Who is an occupier? - Person in control of the premises. Can be more than one. Lord Denning "sufficient degree of control over the premises". WHEAT V LACON

Who is a lawful visitor? - Under S2(1) of the 1957 Act, the occupier owes a duty of care to lawful visitors whilst they are on the premises. Permission may be expressed or implied.

(a) REPEAT VISITORS: Where an occupier knows that people are using his land, eg. as a shortcut and does nothing to prevent them doing so. LOWERY V WALKER

(b) ENTRY IN ORDER TO COMMUNICATE: law recognises implied permission for a visitor to approach an occupiers front door in order to communicate. However this permission may be withdrawn with use of gate sign or display. ROBSON V HALLET

(c) STATUTORY POWERS OF ENTRY: Many people have permission to enter the premises of another including postmen, gas and electricity meter readers, police with warrants and firemen.

(d) ALLUREMENT: A child will be a lawful visitor if he enters land as a result of seeing something that is dangerous and attractive to children. JOLLEY V SUTTON

Who is a trespasser? Simply a person who doesnt have either express or implied permission to be on the premises. A lawful visitor may become a trespasser. PEARSON V COLEMAN - young girl mauled to death, lawful visitor due to lack of clear signs.

TOMLINSON V CONGLETON BC - lawful visitor to public park however became trespasser when he was injured in shallow water that had clear signs warning the danger.